State v. Cordero

993 So.2d 203 (2008) STATE of Louisiana v. Sandra CORDERO. No. 2008-KH-1717. Supreme Court of Louisiana. October 3, 2008. Opinion Concurring in Denial of Rehearing October 31, 2008. *204 PER CURIAM. Petitioner complains in her application that the internal operating procedures of the Fifth Circuit Court of Appeal effectively deprived her of supervisory review of a district court judgment denying her post-conviction relief in 2001 and resulted in an order from the court of appeal which did not conform to the requirements of La. Const. art. V, § 8(B). Cordero v. Jones, Warden, 01-1085 (La.9/20/02) (Dufresne, Cannella, Edwards, JJ.; Dufresne, J., for the court), writ denied, 01-3017 (La.9/20/02), 825 So.2d 1167 . The application asks for various forms of relief, including merits review of her claims originally presented in her 2001 application. This Court has received several hundred applications raising similar claims and asking for similar relief filed by petitioners whose pro se applications were denied by the Fifth Circuit from February 8, 1994 to May 21, 2007. (See 08-KH-1718 through 08-KH-1726; 08-KH-1729 through 08-KH-1730; 08-KH-1732 through 08-KH-1734; 08-KH-1736 through 08-KH-1743; 08-KH-1748 through 08-KH-1755; 08-KH-1757 through 08-KH-1766; 08-KH-1770 through 08-KH-1802; 08-KH-1804 through 08-KH-1813; 08-KH-1816 through 08-KH-1818; 08-KH-1821 through 08-KH-1823; 08-KH-1825 through 08-KH-1844; 08-KH-1846; 08-KH-1848 through 08-KH-1854; 08-KH-1856 through 08-KH-1862; 08-KH-1866 through 08-KH-1878; 08-KH-1880; 08-KH-1882 through 08-KH-1884; 08-KH-1886 through 08-KH-1889; 08-KH-1891 through 08-KH-1892; 08-KH-1904 through 08-KH-1910; 08-KH-1913 through 08-KH-1925; 08-KH-1930 through 08-KH-1938; 08-KH-1941 through 08-KH-1946; 08-KH-1948; 08-KH-1952 through 08-KH-1954; 08-KH-2002; 08-KH-2004 through 08-KH-2009; 08-KH-2015 through 08-KH-2017; 08-KH 2028 through 08-KH-2033; 08-KH-2043; 08-KH-2047 through 08-KH-2054; 08-KH-2056; 08-KH-2061; 08-KH-2063 through 08-KH-2065; 08-KH-2067 through 08-KH-2069; 08-KH 2071 through 08-KH-2074; 08-KH 2083; 08-KH-2087 through 08-KH-2089; 08-KH-2091 through 08-KH-2093; 08-KH-2110 through 08-KH-2112; 08-KH 2116; 08-KH-2120 through 08-KH-2121; 08-KH-2206; 08-KH-2216 through 08-KH-2219; 08-KH-2221 through 08-KH-2222; 08-KH-2234 through 08-KH-2239; 08-KH-2241; 08-KH-2269 through 08-KH-2270; 08-KH-2272 through 08-KH-2277; 08-KH-2280 through 08-KH-2286; 08-KH-2298; 08-KH-2300; 08-KH-2305 through 08-KH-2308; 08-KH-2322 through 08-KH-2324; 08-KH-2326 through 08-KH-2328; 08-KH-2332 through 08-KH-2333; 08-KH-2360 through 08-KH-2361; 08-KH-2369; 08-KH-2372 through 08-KH-2381; and 08-KH-2384.) We have also received from the Fifth Circuit Court of Appeal an en banc resolution unanimously adopted by that court on September 9, 2008, recommending that this Court transfer all of these applications *205 to the court of appeal for random allotment to a panel of three judges drawn from five judges on that court, Chehardy, McManus, Wicker, Guidry, JJ., and Jasmine, Pro Tem. The en banc resolution also sets out internal procedures designed to promote completely independent review by the randomly-selected panels. Therefore, in accordance with the Resolution of the Fifth Circuit Court of Appeal en banc, the application of Sandra Cordero is herewith transferred to the Fifth Circuit Court of Appeal for consideration according to the procedures outlined in the Fifth Circuit Court of Appeal's en banc resolution of September 9, 2008. These three-judge panels are to be insulated from all persons, other than the panel judges and their respective personal staffs. This Court also determines that the applications presently filed and pending in this Court by petitioners, raising similar claims and enumerated hereinabove should also be handled in accordance with the procedures outlined in this Order and the Fifth Circuit Court of Appeal's en banc resolution of September 9, 2008. Further, this Court also determines under its supervisory authority that the applications presently filed and pending in the Fifth Circuit Court of Appeal by those petitioners who raise similar claims should also be handled in accordance with the procedures outlined in this Order and the Fifth Circuit Court of Appeal's en banc resolution of September 9, 2008. A copy of the Fifth Circuit Court of Appeal's en banc resolution of September 9, 2008 and a list of the similar applications to be transferred by this Court shortly to the Fifth Circuit Court of Appeal in separate actions are appended to this Order. WEIMER, J., dissents and assigns reasons. KIMBALL, J., concurs in denial of rehearing and assigns reasons, joined by VICTORY, TRAYLOR and KNOLL, JJ. JOHNSON and WEIMER, JJ., would grant rehearing. APPENDIX MINUTES MINUTES OF THE EN BANC MEETING OF THE JUDGES OF THE FIFTH CIRCUIT COURT OF APPEAL PRESENT: CHIEF JUDGE EDWARD A. DUFRESNE, JR. JUDGE MARION F. EDWARDS JUDGE SUSAN M. CHEHARDY JUDGE CLARENCE E. MCMANUS JUDGE WALTER J. ROTHSCHILD JUDGE FREDERICA HOMBERG WICKER JUDGE GREG G. GUIDRY By Proxy A quorum of the Judges being present, the meeting was called to order on September 9, 2008, by Chief Judge Edward A. Dufresne, Jr. The Chief Judge distributed a Resolution which was reviewed and discussed by all. Following this discussion the Resolution was amended, the amendments discussed and the Resolution, as amended, was called for a vote. The Resolution (See Exhibit "A"), was moved by J. Edwards and seconded by J. Wicker and passed unanimously. The provisions of the Resolution will not be implemented until acted upon by the Supreme Court. This too was approved by this court en banc. *206 The next en banc meeting is scheduled for September 16, 2008. 9-9-2008 DATE 9-9-2008 DATE /s/ Walter J. Rothschild JUDGE WALTER J. ROTHSCHILD RECORDING JUDGE /s/ Edward A. Dufresne, Jr. CHIEF JUDGE EDWARD A. DUFRESNE, JR. APPROVED BY: RESOLUTION Recommend to the Supreme Court the following possible solution to the Pro-Se Criminal Writ applications complaining that earlier applications by those same applicants had received inadequate review by this Court. First, we are proposing that you consider remanding each of the current applications in your court to this court with direction that they be assigned to respective three-judge panels randomly selected from five judges of this court; namely, Judges Chehardy, McManus, Wicker, Guidry and Pro Tempore Jasmine who incidentally have had no hand in the process by which this court earlier handled these multiple applicants' earlier writs in this court. Under this proposal, the applications will be controlled, handled and considered only by those five judges and such members of their respective personal staffs selected by them as a group, and as approved by the respective panels. Furthermore, none of the other three judges on this court will be involved in any way in consideration of the work of the three-judge panels, or conversant in any way with the five-panel judges to be assigned to handle these cases and their respective personal staff members which the five judges alone will choose to have assist them. We are guided in this request by a desire to avoid imposing; financial or other burdens on other judges in this state who might otherwise be called upon to consider these cases out of our court. Above Resolution adopted this 9th day of September, 2008 at an En Banc Meeting of the Fifth Circuit Court of Appeal. Cases Transferred by Order of the Court 08-KH-1717 State ex rel. Sandra Cordero v. State 08-KH-1718 State ex rel. Jamie Simmons v. State 08-KH-1719 State ex rel. Dessie Tucker v. State 08-KH-1720 State ex rel. Kim Jackson v. State 08-KH-1721 State ex rel. Wesley Guillard v. State 08-KH-1722 State ex rel. Leo Pineyro v. State 08-KH-1723 State ex rel. Theodore Mathis v. State 08-KH-1724 State ex rel. Antoinette Holmes v. State 08-KH-1725 State ex rel. Kenneth A. Edwards v. State 08-KH-1726 State ex rel. Edna Gibson v. State 08-KH-1729 State ex rel. Rhonda K. Oliver v. State 08-KH-1730 State ex rel. Dwayne Simms v. State 08-KH-1732 State ex rel. Castadell Ruffin v. State 08-KH-1733 State ex rel. Michael Brown v. State *207 08-KH-1734 State ex rel. Alexander Hymes v. State 08-KH-1736 State ex rel. Carolyn Lee Moore v. State 08-KH-1737 State ex rel. Zannie Neal v. State 08-KH-1738 State ex rel. Jimmie D. Sprinkle v. State 08-KH-1739 State ex rel. Dwayne Lee Rodrigues v. State 08-KH-1740 State ex rel. David Patterson v. State 08-KH-1741 State ex rel. Melvin Faucheaux v. State 08-KH-1742 State ex rel. Clarence Williams v. State 08-KH-1743 State ex rel. Claude Quest v. State 08-KH-1748 State ex rel. Michael Wilson v. State 08-KH-1749 State ex rel. Glen Styles v. State 08-KH-1750 State ex rel. Cathy Johnson v. State 08-KH-1751 State ex rel. Leon Williams Jr. v. State 08-KH-1752 State ex rel. James Flowers v. State 08-KH-1753 State ex rel. Larry Harris v. State 08-KH-1754 State ex rel. Jimmie Level Jr. v. State 08-KH-1755 State ex rel. Derrick Estes v. State 08-KH-1757 State ex rel. Stanley C. Veal v. State 08-KH-1758 State ex rel. David Boudreaux v. State 08-KH-1760 State ex rel. Johnny Luna v. State 08-KH-1761 State ex rel. Terri Revere v. State 08-KH-1762 State ex rel. Bertha Lawrence v. State 08-KH-1763 State ex rel. Helen Lane v. State 08-KH-1764 State ex rel. Van D. Hudson v. State 08-KH-1765 State ex rel. Joseph Wiggins v. State 08-KH-1766 State ex rel. April George v. State 08-KH-1770 State ex rel. Rannell Craig v. State 08-KH-1771 State ex rel. Carrie Bell v. State 08-KH-1772 State ex rel. Charlonda Hymes v. State 08-KH-1773 State ex rel. Melvin Frank v. State 08-KH-1774 State ex rel. Linroy Douglas v. State 08-KH-1775 State ex rel. Payton Funchess v. State 08-KH-1776 State ex rel. Eric Hurst v. State 08-KH-1777 State ex rel. Walter Bailey v. State 08-KH-1778 State ex rel. Derrick Chairs v. State 08-KH-1779 State ex rel. Cedrick Washington v. State 08-KH-1780 State ex rel. Era Sanders v. State 08-KH-1781 State ex rel. Joseph Jerome Jr. v. State 08-KH-1759 State ex rel. Kenneth Wilson v. State 08-KH-1782 State ex rel. Waldo Short v. State *208 08-KH-1783 State ex rel. Cesar Roca Sr. v. State 08-KH-1784 State ex rel. Robert McCloud v. State 08-KH-1785 State ex rel. Thaddeus Johnson v. State 08-KH-1786 State ex rel. James Odoms v. State 08-KH-1787 State ex rel. Donald Muse v. State 08-KH-1788 State ex rel. Aaron Gentras v. State 08-KH-1789 State ex rel. Marvin Wallace v. State 08-KH-1790 State ex rel. Minnie McCaleb v. State c/w 08-KH-1911 State ex rel. Minnie McCaleb v. State 08-KH-1791 State ex rel. Darrel Jones v. State 08-KH-1792 State ex rel. Lionel Jones v. State 08-KH-1793 State ex rel. William Brown, III v. State 08-KH-1794 State ex rel. Eric Isaac v. State 08-KH-1795 State ex rel. Marcel Dugar v. State 08-KH-1796 State ex rel. Troy McCloud v. State 08-KH-1797 State ex rel. Willie Curtis v. State 08-KH-1798 State ex rel. Gill W. Jasmine v. State 08-KH-1799 State ex rel. Angel Nieves v. State 08-KH-1801 State ex rel. Morris Price v. State 08-KH-1802 State ex rel. Marlon C. Page v. State 08-KH-1804 State ex rel. Louie M. Schexnayder v. State 08-KH-1805 State ex rel. Rodney Taylor v. State 08-KH-1806 State ex rel. John W. Tonubee v. State 08-KH-1807 State ex rel. Charlie Brown v. State 08-KH-1808 State ex rel. Alan Maise v. State 08-KH-1809 State ex rel. Anthony Diggs v. State 08-KH-1810 State ex rel. Adolph R. Boles v. State 08-KH-1811 State ex rel. Henry L. Fisher v. State 08-KH-1812 State ex rel. Derrick Hopson v. State 08-KH-1813 State ex rel. Aaron Wilford v. State 08-KH-1816 State ex rel. Dermon Rodriguez v. State 08-KH-1817 State ex rel. Keith Mosley v. State 08-KH-1818 State ex rel. Clifford Wright v. State 08-KH-1821 State ex rel. Vernon Francis v. State 08-KH-1822 State ex rel. Kirk Bell v. State 08-KH-1823 State ex rel. Arthur Rhodes v. State 08-KH-1825 State ex rel. Ronnie Smith v. State 08-KH-1800 State ex rel. Robert Roussell v. State 08-KH-1826 State ex rel. Jevine Haley v. State *209 08-KH-1827 State ex rel. Marvin Johnson v. State 08-KH-1828 State ex rel. George Wade v. State 08-KH-1829 State ex rel. Tommy L. Bordelon v. State 08-KH-1830 State ex rel. William Smith v. State 08-KH-1831 State ex rel. Larry Walker v. State 08-KH-1832 State ex rel. Ronnie Davis v. State 08-KH-1833 State ex rel. Carl Quijano v. State 08-KH-1834 State ex rel. Larry Sims v. State 08-KH-1835 State ex rel. Tremaine Payne v. State 08-KH-1836 State ex rel. Anthony Jefferson v. State 08-KH-1837 State ex rel. Torey R. Harris v. State 08-KH-1838 State ex rel. Donald Hensley Jr. v. State 08-KH-1839 State ex rel. Saunders Hills v. State 08-KH-1840 State ex rel. Angelon Pardon v. State 08-KH-1841 State ex rel. Leonard Perkins v. State 08-KH-1842 State ex rel. Christopher Brockel v. State 08-KH-1843 State ex rel. Lionel Jackson v. State 08-KH-1844 State ex rel. William Birtha v. State 08-KH-1846 State ex rel. Thomas Billard v. State 08-KH-1849 State ex rel. Edwin Codrington v. State 08-KH-1850 State ex rel. Ted Durbin v. State 08-KH-1851 State ex rel. Ivory Dixon v. State 08-KH-1852 State ex rel. Thomas LeBeau v. State 08-KH-1853 State ex rel. Mark Q. Taylor v. State 08-KH-1854 State ex rel. Anthony J. Roberts v. State 08-KH-1856 State ex rel. George Lawson v. State 08-KH-1857 State ex rel. Beverly A. Stokes v. State 08-KH-1858 State ex rel. Vernon T. Washington v. State 08-KH-1859 State ex rel. Tyrone Noel v. State 08-KH-1860 State ex rel. John M. Frank v. State 08-KH-1861 State ex rel. Joseph E. Dickerson v. State XX-XXX-XXXX State ex rel. Joseph Chisley v. State 08-KH-1866 State ex rel. Michael Williams v. State 08-KH-1867 State ex rel. Eric Gresham v. State 08-KH-1868 State ex rel. Gregory Leeming v. State 08-KH-1869 State ex rel. Anthony Robinson v. State 08-KH-1870 State ex rel. Lionel Redditt v. State 08-KH-1871 State ex rel. Timothy Turner v. State 08-KH-1848 State ex rel. Craig B. Hawkins v. State 08-KH-1872 State ex rel. Gregory Jones v. State *210 08-KH-1873 State ex rel. Wilfred Jones v. State 08-KH-1874 State ex rel. Bobbie Stevenson v. State 08-KH-1875 State ex rel. Keith Moseley v. State 08-KH-1876 State ex rel. Robert Bates v. State 08-KH-1877 State ex rel. Jeffery Harrison v. State 08-KH-1878 State ex rel. Tonka Haynes v. State 08-KH-1880 State ex rel. Hursen Patin v. State 08-KH-1882 State ex rel. Brian K. Chisholm v. State 08-KH-1883 State ex rel. Timothy Mac-Cracken v. State 08-KH-1884 State ex rel. Kenneth B. Jackson v. State 08-KH-1886 State ex rel. Erran G. Evans v. State 08-KH-1887 State ex rel. Chris Gilkers v. State 08-KH-1888 State ex rel. Floyd Falkins v. State 08-KH-1889 State ex rel. Mario Marshall v. State 08-KH-1891 State ex rel. Barry Pascual v. State 08-KH-1892 State ex rel. Daniel Swann v. State 08-KH-1904 State ex rel. Christopher Pendleton v. State 08-KH-1905 State ex rel, Angel Pedroso v. State 08-KH-1906 State ex rel. Marlon A. King v. State 08-KH-1908 State ex rel. Kendrick Turner v. State 08-KH-1909 State ex rel. Brad Harris v. State 08-KH-1910 State ex rel. Michael Lovick v. State 08-KH-1913 State ex rel. Troy Aleman v. State 08-KH-1914 State ex rel. Bertha Lawrence v. State 08-KH-1915 State ex rel. Daniel Washington v. State c/w 08-KH-1916 State ex rel. Daniel Washington v. State c/w 08-KH-1917 State ex rel. Daniel Washington v. State c/w 08-KH-1939 State ex rel. Daniel Washington v. State 08-KH-1918 State ex rel. Jesse Head v. State 08-KH-1919 State ex rel. Tyrone Washington v. State 08-KH-1920 State ex rel. Royal Every v. State 08-KH-1921 State ex rel. Manuel Plaisance v. State 08-KH-1922 State ex rel. Henry Issac v. State 08-KH-1923 State ex rel. Damaris Jackson v. State 08-KH-1924 State ex rel. Herbert A. Pierre v. State 08-KH-1925 State ex rel. Kennan Temple v. State 08-KH-1907 State ex rel. John K. Richard v. State 08-KH-1930 State ex rel. Angelo A. Gonzales v. State *211 08-KH-1931 State ex rel. Joe W. Miller v. State 08-KH-1932 State ex rel. Herman Eisbruckner v. State 08-KH-1933 State ex rel. Bernis T. Brown v. State 08-KH-1934 State ex rel. Eric Hogan v. State 08-KH-1935 State ex rel. Rendell Washington v. State 08-KH-1936 State ex rel. Ryan Watson v. State 08-KH-1937 State ex rel. Reginald D. Watts v. State 08-KH-1938 State ex rel. Ron Wiggins v. State 08-KH-1941 State ex rel. Michael Lott v. State 08-KH-1942 State ex rel. Eric Gaines v. State 08-KH-1943 State ex rel. James Brown v. State 08-KH-1944 State ex rel. Jimmie Taylor v. State 08-KH-1945 State ex rel. Leonard McGee v. State 08-KH-1946 State ex rel. Peapso Ouch v. State 08-KH-1948 State ex rel. Gregory Satchef v. State 08-KH-1952 State ex rel. Jonathan Johnson v. State 08-KH-1953 State ex rel. Chris Barnes v. State 08-KH-1954 State ex rel. Jimmy Nee v. State 08-KH-2002 State ex rel. Glenn A. Brumfield v. State 08-KH-2005 State ex rel. Alvin Hanson v. State c/w 08-KH-2240 State ex rel. Alvin Hanson v. State 08-KH-2006 State ex rel. Michael Martin v. State 08-KH-2007 State ex rel. Randy J. Richthofen v. State 08-KH-2008 State ex rel. Terrance Royal v. State 08-KH-2009 State ex rel. George McGee v. State 08-KH-2015 State ex rel. Leon Simmons v. State 08-KH-2016 State ex rel. Armondo Murray v. State 08-KH-2017 State ex rel. Paul Petta v. State 08-KH-2028 State ex rel. Carlos A. Zaldivar Sr. v. State 08-KH-2029 State ex rel. Juventino Munoz v. State 08-KH-2030 State ex rel. Thang Lai v. State 08-KH-2031 State ex rel. Gene Winfrey v. State 08-KH-2032 State ex rel. Gregory Jones v. State 08-KH-2033 State ex rel. Harold Neal v. State 08-KH-2043 State ex rel. Dwayne McKinney v. State 08-KH-2047 State ex rel. Clarence Williams v. State 08-KH-2048 State ex rel. Michael Clennon v. State 08-KH-2049 State ex rel. A.J. Freeman v. State 08-KH-2004 State ex rel. Damian Duquestrada v. State 08-KH-2050 State ex rel. Keith Barrow v. State *212 08-KH-2051 State ex rel. Keith Mosley v. State 08-KH-2052 State ex rel. Michael Sims v. State 08-KH-2053 State ex rel. James Adams Jr. v. State 08-KH-2054 State ex rel. Listen Armand v. State 08-KH-2056 State ex rel. Robert Bolton v. State 08-KH-2061 State ex rel. Michael Molina v. State 08-KH-2063 State ex rel. George King v. State 08-KH-2064 State ex rel. Michael Ditcharo v. State 08-KH-2065 State ex rel. Jeffery E. Harrison v. State 08-KH-2067 State ex rel. Troy Taylor v. State 08-KH-2068 State ex rel. Manuel P. Fleming v. State 08-KH-2069 State ex rel. Fred J. Leblanc Jr. v. State 08-KH-2071 State ex rel. Shannon Zeno v. State 08-KH-2072 State ex rel. Roy J. Dickerson v. State 08-KH-2073 State ex rel. Anthony Kelly v. State 08-KH-2074 State ex rel. Eddie J. Armant v. State 08-KH-2083 State ex rel. David Marshall v. State 08-KH-2087 State ex rel. Robert Guccione v. State 08-KH-2088 State ex rel. Majuangy Evans v. State 08-KH-2091 State ex rel. Jason Pitts v. State 08-KH-2092 State ex rel. Dewing Hickerson v. State c/w 08-KH-2299 State ex rel. Dewing Hickerson v. State 08-KH-2093 State ex rel. Desmond Houston v. State 08-KH-2110 State ex rel. Kerry Orgeron v. State 08-KH-2111 State ex rel. Curtis Thomas v. State 08-KH-2112 State ex rel. Houston Jackson v. State 08-KH-2116 State ex rel. Terrence Jones v. State 08-KH-2120 State ex rel. Miguel Rosales v. State 08-KH-2121 State ex rel. Jerome Norman v. State 08-KH-2206 State ex rel. Eddie Christoff v. State 08-KH-2216 State ex rel. Daniel Smith v. State 08-KH-2217 State ex rel. Kenneth Toliver v. State 08-KH-2218 State ex rel. Terrence King v. State 08-KH-2219 State ex rel. Jovan Butler v. State 08-KH-2221 State ex rel. Armando Barroso v. State 08-KH-2222 State ex rel. Rodney Morris v. State 08-KH-2234 State ex rel. Darryl Everson v. State 08-KH-2235 State ex rel. Raymond Shaw v. State 08-KH-2089 State ex rel. Antonio Gallagher v. State 08-KH-2236 State ex rel. Percy M. Taylor v. State *213 08-KH-2237 State ex rel. Elton Cowart v. State 08-KH-2238 State ex rel. James Pendelton v. State 08-KH-2239 State ex rel. Kevin A. Alexander v. State 08-KH-2241 State ex rel. James H. Wallace v. State 08-KH-2269 State ex rel. Brandon Watts v. State 08-KH-2270 State ex rel. Shawn LaCour v. State 08-KH-2272 State ex rel. Bryan Davis v. State c/w 08-KH-2273 State ex rel. Bryan Davis v. State 08-KH-2274 State ex rel. Thank Vu Nguyen v. State 08-KH-2275 State ex rel. Joseph Conrad v. State 08-KH-2276 State ex rel. Devine Jordan v. State 08-KH-2277 State ex rel. Elston Robinson v. State 08-KH-2280 State ex rel. James Thomas Sr. v. State 08-KH-2281 State ex rel. Willie Smith v. State 08-KH-2282 State ex rel. Cleveland Bell v. State 08-KH-2283 State ex rel. Shawn Chopin v. State 08-KH-2284 State ex rel. Henry Davis v. State 08-KH-2285 State ex rel. Arthur Williams v. State 08-KH-2298 State ex rel. Vashon Kelly v. State 08-KH-2300 State ex rel. Keyointa M. Martin v. State 08-KH-2305 State ex rel. Anna Green v. State 08-KH-2306 State ex rel. Theresa Picou v. State 08-KH-2307 State ex rel. Walter Lemieux v. State 08-KH-2308 State ex rel. Joseph E. Ward v. State 08-KH-2322 State ex rel. Garry U. Jones, Sr. v. State 08-KH-2323 State ex rel. Nelson Waits v. State 08-KH-2324 State ex rel. Christopher Thomas v. State 08-KH-2326 State ex rel. Joseph K. Sam v. State 08-KH-2327 State ex rel. Arthur K. Jones v. State 08-KH-2328 State ex rel. Ricky Nicholas v. State 08-KH-2332 State ex rel. Donald Washington v. State 08-KH-2333 State ex rel. Junior Payne v. State 08-KH-2360 State ex rel. Leonard Graves v. State 08-KH-2361 State ex rel. John G. Rowell v. State 08-KH-2369 State ex rel. Rodney Hamilton v. State 08-KH-2372 State ex rel. Shirley Jackson v. State 08-KH-2373 State ex rel. Nolan Grant Jr. v. State 08-KH-2286 State ex rel. Simon Montgomery v. State 08-KH-2374 State ex rel. Shawna Farley v. State *214 08-KH-2375 State ex rel. Christopher Hill v. State 08-KH-2376 State ex rel. Karnell Preston v. State 08-KH-2377 State ex rel. Corey B. Page v. State 08-KH-2378 State ex rel. Beauregard J. Wattingney v. State 08-KH-2379 State ex rel. Brian Fullilove v. State 08-KH-2380 State ex rel. Donald Jackson v. State 08-KH-2381 State ex rel. Charles Price v. State 08-KH-2384 State ex rel. David Cummings v. State WEIMER, J., dissenting in part. I dissent in part. While I agree these matters should be re-considered, to avoid any appearance of impropriety, I would either randomly allot these cases to the other courts of appeal or appoint three ad hoc judges to consider these matters. APPLICATION FOR REHEARING Rehearing denied. KIMBALL, J., additionally concurring in the denial of rehearing. The circumstances of the allegations involved in these cases indeed make it appropriate for the appellate court and this court to ensure that the perception as well as the reality of appellate review take place as the constitutional scheme would have it occur (i.e., clearly reviewed by an appellate panel of three judges). Many of these cases have, in fact, originally been reviewed and have had opinions written by the courts of appeal and by the seven justices of this court on original appellate review, in addition to having been reviewed on post conviction by the seven justices of this court in earlier proceedings, notwithstanding the review or lack thereof that occurred precedent to ours. Nonetheless, creating a new process of appellate review even now is the correct thing to do in this rare instance. However, in my view, it is not appropriate under these circumstances to add this number of cases to those dockets of the other courts of appeal nor is it proper to expend approximately $200,000 of the public's money to hire retired judges and staff to perform this review. Rather, the court's process of referring these cases to judges at the same circuit (but not on the original panels accused of failing to perform adequate reviews) to perform a review that then has the potential of further review by the justices of this court is both appropriate and responsible. This re-hearing application, in my view, attempts to suggest that this court should base its decision not on evidence in any record, but rather on allegations in a suicide note which in itself suggests the depression of the writer who, if believed, had been fired by the very court which he accuses of misconduct. Moreover, we need not consider a police report which has been neither substantiated nor admitted into evidence in these or any other matters. While this may be the fodder of news reports and movies, it is not, in my view, proper evidence for judicial action.